SUPPLEMENTARY INFORMATION: OSHA issued improved asbestos standards
for general industry, construction, and shipyard employment on August 10,
1994 at 59 FR 40964 to better protect workers from lung cancer, asbestosis
and other diseases caused by asbestos exposure. OSHA published a notice
correcting and clarifying certain provisions on June 29, 1995. This document
further corrects and clarifies various provisions of the construction and
shipyards employment standards. The general industry standard is not further
amended.

Because the corrections are based on the existing rulemaking record and are
not intended to affect the protection afforded by the standard in a
significant way, OSHA finds good cause, pursuant to 29 CFR 1911.15 and the
Administrative Procedure Act, for promulgating the corrections without notice
and opportunity for public comment.

OSHA briefly describes in this preamble, changes to the regulatory text of
the standards which are more than typographical in nature.

In both the construction and shipyards standards paragraph (g)(7)(iii) is
redesignated as (g)(7)(ii)(C) to clarify that dropcloths are required beneath
all indoor removal activity.

OSHA has determined that when gaskets are removed intact, wet methods are
not required. Therefore, paragraph (g)(8)(iv)(B) is deleted and the word
"wet" is removed from (g)(8)(iv)(C). The standard still requires that when
gaskets are visibly deteriorated, they must be removed using glovebags and
wet methods.

Paragraph (g)(11) of 1926.1101 and paragraph (g)(12) of 1915.1001 are
revised to allow bituminous or asphaltic pipeline coating to be handled using
the same "alternative methods" set forth in the June 1995 correction notice,
for certain bituminous/resinous roofing materials. OSHA recognizes that
asphaltic wrap is similar to these roofing materials because the highly
effective material used to bind asbestos fibers, is the same. A new paragraph
(g)(11)(vi) of the construction standard (1926.1101) and (g)(12)(vi) of the
shipyard employment standard (1915.1001) is added to specify that activities
that disturb asphaltic pipeline wrap must be performed using wet methods.
Submissions by Exxon to the 1994 rulemaking record which indicate that these
activities generate low fiber levels were performed using wet methods (Docket
H033e, Exhibit 127).

In the preamble to the June 29 Federal Register correction document, OSHA
stated its intention to allow the use of powered air-purifying respirators
adequately fitted to give a good face seal when exposure assessment and
monitoring data indicate that asbestos exposure levels do not exceed 1.0
fibers per cubic centimeter as an 8-hour time weighted average. However, this
provision was inadvertently omitted from the regulatory text. Paragraph
(h)(2)(v) of both standards is corrected to include this provision.

Paragraph (o)(4) of both standards is corrected to allow competent/
qualified person training to be obtained in a course that meets the EPA
criteria for supervisors, one which is state-approved, or one which is
equivalent in stringency, content, and length. This restores the August 10,
1994 regulatory text allowing training in state-approved courses for
competent/qualified persons which was inadvertently omitted from the June 19
document.

List of Subjects in 29 CFR Parts 1915 and 1916

Asbestos, Occupational Safety and Health.

This document was prepared under the direction of Joseph A. Dear, Assistant
Secretary of Labor for Occupational Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

(g) * * * (12) Alternative methods of compliance for
installation, removal, repair, and maintenance of certain roofing and
pipeline coating materials. Notwithstanding any other provision of this
section, and employer who complies with all provisions of this paragraph
(g)(12) when installing, removing, repairing, or maintaining intact pipeline
asphaltic wrap, or roof cements, mastics, coatings, or flashings which
contain asbestos fibers encapsulated or coated by bituminous or resinous
compounds shall be deemed to be in compliance with this section. If an
employer does not comply with all provisions of this paragraph (g)(12), or if
during the course of the job the material does not remain intact, the
provisions of paragraph (g)(8) of this section apply instead of this
paragraph (g)(12).

* * * * *

8. In Sec. 1915.1001, paragraph (g)(12)(vi) is added to read as follows:

9. In Sec. 1915.1001, paragraph (h)(2)(v) is revised to read as follows:

* * * * *

(h) * * * (2) * * * (v) In addition to the selection
criteria in paragraph (h)(2)(i) through (iv), the employer shall provide a
tight-fitting powered air purifying respirator equipped with high efficiency
filters or a full facepiece supplied air respirator operated in the pressure
demand mode equipped with HEPA egress cartridges or an auxiliary positive
pressure self-contained breathing apparatus for all employees within the
regulated area where Class I work is being performed for which a negative
exposure assessment has not been produced and, the exposure assessment
indicates the exposure level will not exceed 1 f/cc as an 8-hour time
weighted average. A full facepiece supplied air respirator operated in the
pressure demand mode equipped with an auxiliary positive pressure
self-contained breathing apparatus shall be provided under such conditions,
if the exposure assessment indicates exposure levels above 1 f/cc as an
8-hour time weighted average.

* * * * *

10. In Sec. 1915.1001, paragraph (o)(4)(i) is revised to read as follows:

* * * * *

(o) * * * (4) * * * (i) For Class I and II asbestos work the
qualified person shall be trained in all aspects of asbestos removal and
handling, including: Abatement, installation, removal and handling; the
contents of this standard; the identification of asbestos; removal
procedures, where appropriate; and other practices for reducing the hazard.
Such training shall be obtained in a comprehensive course for supervisors,
that meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763,
subpart E, Appendix C), such as a course conducted by an EPA-approved or
state-approved training provider, certified by EPA or a state, or a course
equivalent in stringency, content, and length.

* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

1. and 2. The authority citation of subpart Z of 29 CFR Part 1926 continues
to read as follows:

(g) * * * (11) Alternative methods of compliance for
installation, removal, repair, and maintenance of certain roofing and
pipeline coating materials. Notwithstanding any other provision of this
section, an employer who complies with all provisions of this paragraph
(g)(11) when installing, removing, repairing, or maintaining intact pipeline
asphaltic wrap, or roof cements, mastics, coatings, or flashings which
contain asbestos fibers encapsulated or coated by bituminous or resinous
compounds shall be deemed to be in compliance with this section. If an
employer does not comply with all provisions of this paragraph (g)(11), or if
during the course of the job the material does not remain intact, the
provisions of paragraph (g)(8) of this section apply instead of this
paragraph (g)(11).

* * * * *

8. In Sec. 1926.1101, paragraph (g)(11)(vi) is added to read as follows:

9. In Sec. 1926.1101, paragraph (h)(2)(v) is revised to read as follows:

* * * * *

(h) * * * (2) * * * (v) In addition to the selection
criteria in paragraphs (h)(2)(i) through (iv), the employer shall provide a
tight-fitting powered air purifying respirator equipped with high efficiency
filters or a full facepiece supplied air respirator operated in the pressure
demand mode equipped with HEPA egress cartridges or an auxiliary positive
pressure self-contained breathing apparatus for all employees within the
regulated area where Class I work is being performed for which a negative
exposure assessment has not been produced and, the exposure assessment
indicates the exposure level will not exceed 1 f/cc as an 8-hour time
weighted average. A full facepiece supplied air respirator operated in the
pressure demand mode equipped with an auxiliary positive pressure
self-contained breathing apparatus shall be provided under such conditions,
if the exposure assessment indicates exposure levels above 1 f/cc as an
8-hour time weighted average.

* * * * *

10. In Sec. 1926.1101, paragraph (o)(4)(i) is revised to read as follows:

* * * * *

(o) * * * (4) * * * (i) For Class I and II asbestos work the
competent person shall be trained in all aspects of asbestos removal and
handling, including: abatement, installation, removal and handling; the
contents of this standard; the identification of asbestos; removal
procedures, where appropriate; and other practices for reducing the hazard.
Such training shall be obtained in a comprehensive course for supervisors
that meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763,
subpart E, Appendix C), such as a course conducted by an EPA-approved or
state-approved training provider, certified by EPA or a state, or a course
equivalent in stringency, content, and length.

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